5 Mistakes Digital Influencers Make (and How to Avoid Them)

The job market is undergoing a significant transformation. Digital influence is emerging as a booming field, increasingly recognized and sought after, especially by young people. According to a 2022 survey conducted by the startup INFLR, 75% of young Brazilians dream of becoming digital influencers.

This phenomenon is driven by the growth of digital marketing, often marketed as a promise of quick wealth. The idea that all it takes is creating a profile and waiting for millions to roll in is appealing but far from reality, especially in Brazil, a country marked by social inequalities. If it were that simple, many of the challenges faced by millions of Brazilians would have already been solved through the widespread use of social media.

It’s common to encounter “gurus” online promoting the idea that you’re not wealthy simply because you don’t want to be. According to them, all it takes is determination to achieve success. And yes, determination is essential, without consistent content creation, there’s no visibility. However, other factors come into play, such as the luck of the algorithm recognizing your content’s quality, distributing it to the right audience, and, of course, that audience engaging with it.

Therefore, before diving into content creation and pursuing a career as a digital influencer, it’s crucial to plan and consider the legal implications of this new path.

Some of the MISTAKES beginner influencers make:

Digital Influencer

(1) Lack of Contractual Formalization
This advice is especially relevant for micro-influencers who manage their businesses independently, without agency representation. When receiving a campaign proposal from a company, first verify the company’s credibility. Conduct thorough research on its reputation, history of partnerships, and trustworthiness in the market.

For greater legal security, demand a written contract, duly signed, that clearly outlines the campaign details, its duration, agreed-upon fees, responsibilities of both parties, and payment terms.

Additionally, prioritize receiving full payment or agreed-upon installments before completing the project. This approach safeguards your work and creativity.

(2) Lack of Transparency in Advertising
Modern marketing encourages the creation of promotional content that feels natural and authentic. However, maintaining transparency with your audience is crucial. When participating in advertising campaigns, it is essential to use hashtags like #ad or #sponsored to indicate clearly that the content is a paid promotion. Make it explicit that the content is part of a marketing campaign and avoid concealing its commercial nature.

Failure to follow these practices can lead to legal consequences, including violations of consumer protection laws, breaches of the National Council for Advertising Self-Regulation (CONAR) guidelines, potential fines, and lawsuits. Do not disguise advertisements as personal opinions without clear disclosure, as this constitutes misleading advertising. Always uphold ethics and honesty in your campaigns. Remember, your influence carries significant weight, and misleading your followers can lead to financial or emotional harm for those who trust you.

(3) Unauthorized Use of Copyrighted Works
The unauthorized use of copyrighted materials, such as music, images, and videos, is a common mistake among content creators. However, using copyrighted works without proper authorization violates the Copyright Law (Law 9.610/1998). While there are some exceptions, such as using small excerpts for purposes like criticism, commentary, teaching, or informational use, misusing copyrighted material can result in sanctions on platforms, such as strikes, demonetization, or even account removal. Influencers must secure the necessary permissions or use royalty-free materials to avoid these repercussions.

(4) Illegal Giveaways and Promotions

In the past, digital marketing heavily relied on giveaways to boost follower numbers and attract customers. However, this practice has shifted as it can lead to serious legal consequences. Social media platforms are becoming stricter in preserving advertiser credibility and penalize illegal giveaways designed solely to gain followers or profits. To conduct legal giveaways, one must operate as a legal entity, obtain authorization from the competent authority via the Commercial Promotion Control System (SCPC), and pay the corresponding regulatory fee.

Avoid running giveaways simply to gain followers or make quick profits, as this strategy can result in severe legal and financial repercussions.

(5) Neglecting Data Protection and Privacy
Do not collect follower data without their explicit consent, as this violates the General Data Protection Law (LGPD). This violation is common in giveaways and free material offers that require users to provide personal information. It is essential to clarify what data will be collected, how it will be used, and provide users with the option to decline.

By following these rules, your career as a digital influencer will remain ethical, legal, and secure.

Remember: Without respect and trust from your audience, achieving any professional goal becomes unattainable. Always prioritize good faith and transparency in your relationships, both online and in life.